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Discussion on Need Advise on Trailering Accident!! Help!!!

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Angela S. (Rubysmom)
Posted on Saturday, Sep 16, 2000 - 2:51 pm:   Edit PostPrint Post

I have a friend who's horse had a horrible trailering accident due to the negligence of the hauler.
The hauler neglected to check the door latch on a 2 horse slant, in transit the back door opened and the mare stepped sideways and fell out of the trailer causing severe lacerations on the hocks and fetlocks.
These lacerations were down to the bone and connective tissue.
Fortunately, the owners vet was nearby and was able to treat the mare within 1/2 hr of the injury.
The mare was immediately reloaded and taken to an excellent clinic nearby and was in the hospital for 3 days. The aftercare has been intense with the vet coming out every other day to replace the dressings and treat the wounds.
The haulers insurance will only pay to $5000, this accident and treatment is probably going to run at least $10,000 including board and upkeep.
The prognosis is uncertain, the mare will not return to her prior performance level, but the outlook is good for healing.
My friend needs to know her legal rights, what recourse does she have?
Any help you can give us would be very much appreciated.
Thank you very much!!!!
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Angela S. (Rubysmom)
Posted on Sunday, Sep 17, 2000 - 4:42 am:   Edit PostPrint Post

Oh, and by the way, the hauler was a local trainer, not a commercial hauler, though she does haul horses for people.
I also heard that she had previously neglected to secure the door another time,(with another horse) but was stopped before the horse fell out and suffered an injury.
Hope this helps a bit more.
Thank you!!!
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Robert N. Oglesby DVM (Dro)
Posted on Monday, Sep 18, 2000 - 8:32 am:   Edit PostPrint Post

Hello Angela,
If the door was neglected to be latched by the hauler: he acted neglegently. As long as the owver did not contribute to he negligence or waive her rights, she should be expected to be reimbursed for the cost of treatment or the horse if permanantly lame. If she can't get satisfaction try the mediation service provided by http://www.zerolitigation.com/.
DrO
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